Assembly Bill No. 550–Committee on Judiciary
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 433A.150 is hereby amended to read as follows:
1-2 433A.150 1. Any person alleged to be a mentally ill person may ,
1-3 upon application pursuant to NRS 433A.160 and subject to the
1-4 provisions of subsection 2, be detained in a public or private mental health
1-5 facility or hospital under an emergency admission for evaluation,
1-6 observation and treatment . [subject to subsection 2.]
1-7 2. Except as otherwise provided in subsection 3, a person admitted to a
1-8 mental health facility or hospital under subsection 1 must [not be detained
1-9 in excess of] be released within 72 hours, including [Saturdays and
1-10 Sundays,] weekends and holidays, from the time of his admission unless
1-11 within that period a written petition for an involuntary court-ordered
1-12 admission [has been] is filed with the clerk of the district court pursuant to
1-13 NRS 433A.200 [.] , including, without limitation, the documents
1-14 required pursuant to NRS 433A.210, or the status of the person is
1-15 changed to a voluntary admission.
1-16 3. If the [72-hour] period specified in subsection 2 expires on a day on
1-17 which the office of the clerk of the district court is not open, the written
1-18 petition must be filed [on or before the close of the business day next
1-19 preceding the expiration of that period, except that, if that business day is
1-20 the same day as that upon which the person was admitted, the petition
1-21 must be filed] on or before the close of the business day next following the
1-22 expiration of that period.
1-23 Sec. 2. NRS 433A.160 is hereby amended to read as follows:
1-24 433A.160 1. [Application for an] Except as otherwise provided in
1-25 subsection 2, an application for the emergency admission of an allegedly
1-26 mentally ill person for evaluation , [and] observation and treatment may
1-27 only be made by an accredited agent of the department, an officer
1-28 authorized to make arrests in the State of Nevada or a physician,
1-29 psychologist, marriage and family therapist, social worker or registered
1-30 nurse. The agent, officer, physician, psychologist, marriage and family
1-31 therapist, social worker or registered nurse may [take] :
1-32 (a) Without a warrant:
1-33 (1) Take an allegedly mentally ill person into custody [without a
1-34 warrant] to apply for the emergency admission of the person for
1-35 evaluation, observation and treatment [under 433A.150 and may:
1-36 (a)] ; and
1-37 (2) Transport the allegedly mentally ill person [; or
1-38 (b) Arrange] to a public or private mental health facility or hospital for
1-39 that purpose, or arrange for the person to be transported by:
1-40 [(1)] (I) A local law enforcement agency;
2-1 [(2)] (II) A system for the nonemergency medical transportation of
2-2 persons whose operation is authorized by the transportation services
2-3 authority; or
2-4 [(3)] (III) If medically necessary, an ambulance service that holds
2-5 a permit issued pursuant to the provisions of chapter 450B of
2-6 NRS . [,
2-7 to a public or private mental health facility for that purpose.] only if the
2-8 agent, officer, physician, psychologist, marriage and family therapist,
2-9 social worker or registered nurse has, based upon his personal
2-10 observation of the allegedly mentally ill person, probable cause to believe
2-11 that the person is a mentally ill person and, because of that illness, is
2-12 likely to harm himself or others if allowed his liberty.
2-13 (b) Apply to a district court for an order requiring:
2-14 (1) Any peace officer to take an allegedly mentally ill person into
2-15 custody to allow the applicant for the order to apply for the emergency
2-16 admission of the allegedly mentally ill person for evaluation, observation
2-17 and treatment; and
2-18 (2) Any agency, system or service described in subparagraph (2) of
2-19 paragraph (a) to transport the allegedly mentally ill person to a public or
2-20 private mental health facility or hospital for that purpose.
2-21 The district court may issue such an order only if it is satisfied that there
2-22 is probable cause to believe that the allegedly mentally ill person is a
2-23 mentally ill person and, because of that illness is likely to harm himself
2-24 or others if allowed his liberty.
2-25 2. An application for the emergency admission of an allegedly
2-26 mentally ill person for evaluation, observation and treatment may be
2-27 made by a spouse, parent, adult child or legal guardian of the person.
2-28 The spouse, parent, adult child or legal guardian and any other person
2-29 who has a legitimate interest in the allegedly mentally ill person may
2-30 apply to a district court for an order described in paragraph (b) of
2-31 subsection 1.
2-32 3. The application for the emergency admission of an allegedly
2-33 mentally ill person for evaluation, observation and treatment must reveal
2-34 the circumstances under which the person was taken into custody and the
2-35 reasons therefor.
2-36 [3.] 4. As used in subsection 1, “an accredited agent of the
2-37 department” means any person appointed or designated by the director of
2-38 the department to take into custody and transport to a mental health
2-39 facility pursuant to subsections 1 and 2 those persons in need of
2-40 emergency admission.
2-41 [4. Any person who has reason to believe that another person is
2-42 mentally ill may apply to the district attorney of the county where the
2-43 allegedly mentally ill person is found, and the district attorney may, if
2-44 satisfied that as a result of mental illness the person is likely to harm
2-45 himself or others:
2-46 (a) Issue an order to any peace officer for the immediate apprehension
2-47 of the person and his transportation to a public or private mental health
2-48 facility; and
2-49 (b) Apply for the admission of the person under the emergency
2-50 admission provisions of NRS 433A.150.]
3-1 5. Except as otherwise provided in this subsection, each person
3-2 admitted to a public or private mental health facility or hospital under an
3-3 emergency admission must be evaluated at the time of admission by a
3-4 psychiatrist or a psychologist. If a psychiatrist or a psychologist is not
3-5 available to conduct an evaluation at the time of admission, a physician
3-6 may conduct the evaluation. Each such emergency admission must be
3-7 approved by a psychiatrist.
3-8 Sec. 3. NRS 433A.170 is hereby amended to read as follows:
3-9 433A.170 Except as otherwise provided in this section, the
3-10 administrative officer of a facility operated by the division or of any other
3-11 public or private mental health facility or hospital shall not accept an
3-12 application for an emergency admission under NRS [433A.150 and]
3-13 433A.160 unless that application is accompanied by a certificate of a
3-14 psychiatrist or a licensed psychologist stating that he has examined the
3-15 person alleged to be mentally ill and that he has concluded that [as a result
3-16 of mental illness] the person is a mentally ill person and, because of that
3-17 illness is likely to harm himself or others[.] if allowed his liberty. If a
3-18 psychiatrist or licensed psychologist is not available to conduct an
3-19 examination, a physician may conduct the examination. The certificate
3-20 required by this section may be obtained from a psychiatrist, licensed
3-21 psychologist or physician who is employed by the public or private mental
3-22 health facility or hospital to which the application is made.
3-23 Sec. 4. NRS 433A.200 is hereby amended to read as follows:
3-24 433A.200 1. A proceeding for an involuntary court-ordered
3-25 admission of any person in the State of Nevada may be commenced by the
3-26 filing of a petition with the clerk of the district court of the county where
3-27 the person who is to be treated resides. The petition may be filed by the
3-28 spouse, parent, adult children or legal guardian of the person to be treated
3-29 or by any physician, psychologist, social worker or registered nurse, by an
3-30 accredited agent of the department or by any officer authorized to make
3-31 arrests in the State of Nevada. The petition must be accompanied:
3-32 (a) By a certificate of a physician , psychiatrist or licensed psychologist
3-33 stating that he has examined the person alleged to be mentally ill and has
3-34 concluded that [as a result of mental illness] the person is a mentally ill
3-35 person and, because of that illness is likely to harm himself or others[;]
3-36 if allowed his liberty; or
3-37 (b) By a sworn written statement by the petitioner that:
3-38 (1) The petitioner has, based upon his personal observation of the
3-39 person alleged to be mentally ill, probable cause to believe that the person
3-40 is a mentally ill person and, because of that illness is likely to harm
3-41 himself or others[;] if allowed his liberty; and
3-42 (2) The person alleged to be mentally ill has refused to submit to
3-43 examination or treatment by a physician, psychiatrist or licensed
3-44 psychologist.
3-45 2. If the person to be treated is a minor and the petitioner is a person
3-46 other than a parent or guardian of the minor, the petition must, in addition
3-47 to the certificate or statement required by subsection 1, include a statement
3-48 signed by a parent or guardian of the minor that the parent or guardian
3-49 does not object to the filing of the petition.
4-1 Sec. 5. NRS 433A.210 is hereby amended to read as follows:
4-2 433A.210 [A] In addition to the requirements of NRS 433A.200, a
4-3 petition filed pursuant to that section with the clerk of the district court to
4-4 commence proceedings for involuntary court-ordered admission of a
4-5 person pursuant to NRS 433A.145 or 433A.150 must include[:
4-6 1. A] a certified copy of [the] :
4-7 1. The application for the emergency admission of the person made
4-8 pursuant to NRS 433A.160 [with respect to the person detained;] ; and
4-9 2. A petition executed by a psychiatrist, licensed psychologist or
4-10 physician [certifying that he] , including, without limitation, a sworn
4-11 statement that:
4-12 (a) He has examined the person alleged to be mentally ill [and has
4-13 concluded that as a result of mental illness the person is likely to harm
4-14 himself or others; and
4-15 3. If the person to be treated is a minor and the petitioner is a person
4-16 other than a parent or guardian of the minor, a statement signed by a
4-17 parent or guardian of the minor that the parent or guardian does not object
4-18 to the filing of the petition.] ;
4-19 (b) In his opinion, there is a reasonable degree of certainty that the
4-20 person alleged to be mentally ill suffers from a mental illness;
4-21 (c) Based on his personal observation of the person alleged to be
4-22 mentally ill and other facts set forth in the petition, the person poses a
4-23 risk of imminent harm to himself or others; and
4-24 (d) In his opinion, involuntary admission of the person alleged to be
4-25 mentally ill to a mental health facility or hospital is medically necessary
4-26 to prevent the person from harming himself or others.
4-27 Sec. 6. NRS 433A.220 is hereby amended to read as follows:
4-28 433A.220 1. Immediately after he receives any petition filed
4-29 pursuant to NRS 433A.200 or 433A.210, the clerk of the district court
4-30 shall transmit the petition to the appropriate district judge, who shall set a
4-31 time, date and place for its hearing. The date must be [:
4-32 (a) Within 14 calendar days after the date on which the petition is
4-33 received by the clerk;
4-34 (b) If at the time the petition is received by the clerk the subject of the
4-35 petition was admitted to a hospital or public or private mental health
4-36 facility pursuant to NRS 433A.160, within 5 judicial days after the date on
4-37 which the petition is received by the clerk; or
4-38 (c) If the district attorney filed a petition for the emergency admission
4-39 of the subject of the petition,] within 5 judicial days after the date on
4-40 which the petition is received by the clerk.
4-41 2. The court shall give notice of the petition and of the time, date and
4-42 place of any proceedings thereon to the subject of the petition, his
4-43 attorney, if known, the petitioner, the district attorney of the county in
4-44 which the court has its principal office, the local office of an agency or
4-45 organization that receives money from the Federal Government pursuant
4-46 to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of
4-47 mentally ill persons [with mental illnesses] and the administrative office
4-48 of any public or private mental health facility in which the subject of the
4-49 petition is detained.
5-1 3. The provisions of this section do not preclude a facility from
5-2 discharging a person before the time set pursuant to this section for the
5-3 hearing concerning the person, if appropriate.
5-4 Sec. 7. NRS 433A.240 is hereby amended to read as follows:
5-5 433A.240 1. After the filing of a petition to commence proceedings
5-6 for the involuntary court-ordered admission of a person pursuant to NRS
5-7 433A.200or 433A.210, the court shall promptly cause two or more
5-8 physicians or licensed psychologists, one of whom must always be a
5-9 physician, to examine the person alleged to be mentally ill, or request an
5-10 evaluation by an evaluation team from the division of the person alleged to
5-11 be mentally ill.
5-12 2. To conduct the examination of a person who is not being detained
5-13 at a mental health facility or hospital under emergency admission pursuant
5-14 to an application made pursuant to NRS [433A.150,] 433A.160, the court
5-15 may order a peace officer to take the person into protective custody and
5-16 transport him to a mental health facility or hospital where he may be
5-17 detained until a hearing is had upon the petition.
5-18 3. [Unless] If the person is [admitted] not being detained under an
5-19 emergency admission pursuant to an application made pursuant to NRS
5-20 [433A.150,] 433A.160, he may be allowed to remain in his home or other
5-21 place of residence pending an ordered examination or examinations and to
5-22 return to his home or other place of residence upon completion of the
5-23 examination or examinations. The person may be accompanied by one or
5-24 more of his relations or friends to the place of examination.
5-25 4. Except as otherwise provided in this subsection, each physician and
5-26 licensed psychologist who examines a person pursuant to subsection 1
5-27 shall, not later than 48 hours before the hearing set pursuant to NRS
5-28 433A.220, submit to the court in writing a summary of his findings and
5-29 evaluation regarding the person alleged to be mentally ill. If the person
5-30 alleged to be mentally ill is admitted under an emergency admission
5-31 pursuant to an application made pursuant to NRS [433A.150,] 433A.160,
5-32 the written findings and evaluation must be submitted to the court not later
5-33 than 24 hours before the hearing set pursuant to [paragraph (b) of]
5-34 subsection 1 of NRS 433A.220.
5-35 Sec. 8. NRS 433A.270 is hereby amended to read as follows:
5-36 433A.270 1. The allegedly mentally ill person or any relative or
5-37 friend on his behalf is entitled to retain counsel to represent him in any
5-38 proceeding before the district court relating to involuntary court-ordered
5-39 admission, and if he fails or refuses to obtain counsel, the court shall
5-40 advise him and his guardian or next of kin, if known, of such right to
5-41 counsel and shall appoint counsel, who may be the public defender or his
5-42 deputy.
5-43 2. Any counsel appointed pursuant to subsection 1 [shall] must be
5-44 awarded compensation by the court for his services in an amount
5-45 determined by it to be fair and reasonable. The compensation [shall] must
5-46 be charged against the estate of the person for whom the counsel was
5-47 appointed[,] or , if the person is indigent, [the compensation shall be
5-48 charged] against the county where the allegedly mentally ill person last
5-49 resided.
5-50 3. The court shall, at the request of [any counsel,] counsel
5-51 representing the allegedly mentally ill person in proceedings before the
6-1 court relating to involuntary court-ordered admission, grant a recess in
6-2 the proceedings for the shortest time possible, but for not more than 5
6-3 days , to give the counsel an opportunity to prepare his case.
6-4 4. Each district attorney or his deputy shall appear and represent the
6-5 state in all involuntary court-ordered admission proceedings in his county.
6-6 The district attorney is responsible for the presentation of evidence, if any,
6-7 in support of the involuntary court-ordered admission of a person to a
6-8 mental health facility in proceedings held pursuant to NRS 433A.200 or
6-9 433A.210.
6-10 Sec. 9. NRS 433A.310 is hereby amended to read as follows:
6-11 433A.310 1. If the district court finds, after proceedings for the
6-12 involuntary court-ordered admission of a person to a public or private
6-13 mental health facility:
6-14 (a) That there is not clear and convincing evidence that the person with
6-15 respect to whom the hearing was held is a mentally ill person or exhibits
6-16 observable behavior such that he is likely to harm himself or others if
6-17 allowed [to remain at] his liberty, the court shall enter its finding to that
6-18 effect and the person must not be involuntarily detained in such a facility.
6-19 (b) That there is clear and convincing evidence that the person with
6-20 respect to whom the hearing was held is a mentally ill person and, because
6-21 of that illness, is likely to harm himself or others if allowed [to remain at]
6-22 his liberty, the court may order the involuntary admission of the person for
6-23 the most appropriate course of treatment. The order of the court must be
6-24 interlocutory and must not become final if, within 30 days after the
6-25 involuntary admission, the person is unconditionally released pursuant to
6-26 NRS 433A.390.
6-27 2. An involuntary admission pursuant to paragraph (b) of subsection 1
6-28 automatically expires at the end of 6 months if not terminated previously
6-29 by the medical director of the public or private mental health facility as
6-30 provided for in subsection 2 of NRS 433A.390. At the end of the court
6-31 -ordered period of treatment, the division or any [nondivision] mental
6-32 health facility that is not operated by the division may petition to renew
6-33 the detention of the person for additional periods not to exceed 6 months
6-34 each. For each renewal, the petition must set forth to the court specific
6-35 reasons why further treatment would be in the person’s own best interests.
6-36 3. Before issuing an order for involuntary admission or a renewal
6-37 thereof, the court shall explore other alternative courses of treatment
6-38 within the least restrictive appropriate environment as suggested by the
6-39 evaluation team who evaluated the person, or other persons professionally
6-40 qualified in the field of psychiatric mental health, which the court believes
6-41 may be in the best interests of the person.
6-42 Sec. 10. NRS 433A.370 is hereby amended to read as follows:
6-43 433A.370 1. When a client committed by a court to a division
6-44 facility on or before June 30, 1975, or a client who is judicially admitted
6-45 on or after July 1, 1975, or a person who is involuntarily detained pursuant
6-46 to NRS [433A.150] 433A.145 to 433A.300, inclusive, escapes from any
6-47 division facility, or when a judicially admitted client has not returned to a
6-48 division facility from conditional release after the administrative officer of
6-49 the facility has ordered him to do so, any peace officer shall, upon written
6-50 request of the administrative officer or his designee and without the
7-1 necessity of a warrant or court order, apprehend, take into custody and
7-2 deliver the person to such division facility or another state facility.
7-3 2. Any person appointed or designated by the director of the
7-4 department to take into custody and transport to a division facility persons
7-5 who have escaped or failed to return as described in subsection 1 may
7-6 participate in the apprehension and delivery of any such person, but may
7-7 not take the person into custody without a warrant.
7-8 Sec. 11. NRS 449.710 is hereby amended to read as follows:
7-9 449.710 Every patient of a medical facility, facility for the dependent
7-10 or home for individual residential care has the right to:
7-11 1. Receive information concerning any other medical or educational
7-12 facility or facility for the dependent associated with the facility at which
7-13 he is a patient which relates to his care.
7-14 2. Obtain information concerning the professional qualifications or
7-15 associations of the persons who are treating him.
7-16 3. Receive the name of the person responsible for coordinating his care
7-17 in the facility or home.
7-18 4. Be advised if the facility in which he is a patient proposes to
7-19 perform experiments on patients which affect his own care or treatment.
7-20 5. Receive from his physician a complete and current description of his
7-21 diagnosis, plan for treatment and prognosis in terms which he is able to
7-22 understand. If it is not medically advisable to give this information to the
7-23 patient, the physician shall:
7-24 (a) Provide the information to an appropriate person responsible for the
7-25 patient; and
7-26 (b) Inform that person that he shall not disclose the information to the
7-27 patient.
7-28 6. Receive from his physician the information necessary for him to
7-29 give his informed consent to a procedure or treatment. Except in an
7-30 emergency, this information must not be limited to a specific procedure or
7-31 treatment and must include:
7-32 (a) A description of the significant medical risks involved;
7-33 (b) Any information on alternatives to the treatment or procedure if he
7-34 requests that information;
7-35 (c) The name of the person responsible for the procedure or treatment;
7-36 and
7-37 (d) The costs likely to be incurred for the treatment or procedure and
7-38 any alternative treatment or procedure.
7-39 7. Examine the bill for his care and receive an explanation of the bill,
7-40 whether or not he is personally responsible for payment of thGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).e bill.
7-41 8. Know the regulations of the facility or home concerning his conduct
7-42 at the facility or home.
7-43 9. Receive, within reasonable restrictions as to time and place,
7-44 visitors of his choosing, including, without limitation, friends and
7-45 members of his family.
7-46 Sec. 12. The amendatory provisions of this act do not apply to actions
7-47 taken before October 1, 2001.
7-48 Sec. 13. The provisions of subsection 1 of NRS 354.599 do not apply
7-49 to any additional expenses of a local government that are related to the
7-50 provisions of this act.
8-1 Sec. 14. 1. This section and sections 1 and 3 to 13, inclusive, of this
8-2 act become effective on October 1, 2001.
8-3 2. Section 2 of this act becomes effective at 12:01 a.m. on October 1,
8-4 2001.
8-5 20~~~~~01